Citizens serving on juries, school boards, city councils, county commissions, or in similar capacities, and prosecutors and judges, are all required to make judicial decisions. The decisions these individuals make can be reviewed through the appeal process. The individuals are also held accountable for their actions through the election process. If the citizens of South Dakota do not feel that an individual is performing his or her job, that individual can be voted out of office. Individuals can also be removed from office for misconduct. They cannot be made to pay money damages for making such decisions. This allows them to do their job without fear of threat or reprisal from either side.
The proposed amendment to the State Constitution would allow thirteen special grand jurors to expose the decisions made by citizens serving on juries, school boards, city councils, county commissions, or in similar capacities, and prosecutors and judges to fines and jail, and strip them of public insurance coverage and up to one-half of their retirement benefits, for making decisions which break rules defined by the special grand jurors. Special grand jurors are drawn from those who submit their names and from
registered voters.
The proposed amendment is retroactive. The special grand jurors may penalize any decision-maker still alive for decisions made many years ago.
If approved, the proposed amendment will likely be challenged in court and may be declared to be in violation of the US Constitution. If so, the State may be required to pay attorneys fees and costs.
